The judge declared a mistrial in April after defense attorneys learned of new evidence not previously turned over to them.

On Thursday, for the first time, there was some explanation how this happened, but the defense didn't buy it.

Tom Van De Rostyne is no longer with the Commonwealth's Attorney's Office, but he was the original lead prosecutor on the Hammond case.

On Thursday he was back on the stand in his old stomping grounds about a case that's been in the courts for five years.

"It was sloppy. I should have done better," said Van De Rostyne.

The mistake in question is a 2½-page interview from 2009 with Hammond's then-girlfriend, Princess Bolin.

In it, she claims no knowledge about the murder of Troya Sheckles at Shelby Park and says Hammond was with her shopping at the time.

The defense just got the interview during Hammond's recent trial. It's an omission the defense claimed was intentional.

Van De Rostyne maintained he redacted the document to protect a potential witness, but did so as part of the Lloyd Hammond case.

"At that point in time, I specifically remember that we were very concerned about Ms. Bolin's safety," said Van De Rostyne.

"Why would anybody kill a witness that would help their case?" said defense attorney Ted Shouse.

Van De Rosytne said when it came time to file discovery in Dejuan Hammond's case, he accidentally used the doctored report instead of the original.

He said he had no idea until current prosecutor Jim Lesousky contacted him in April, but defense attorneys called that explanation not credible and asked the judge to find so.

"We've said all along that this exculpatory, which is to say favorable, evidence was hidden from us for over five years and there was no evidence introduced today that changes my opinion of that at all," said Shouse.

"We do believe that he has given an explanation that is reasonable, given the witness safety concerns in this case and the related case," said Assistant Commonwealth's Attorney Dorislee Gilbert. "I'm confident she will make the right decision."

The judge will issue a ruling in writing by June 20.

The defense had wanted to call Commonwealth's Attorney Tom Wine to the stand but that was denied.

His testimony will be taken for an appeal if the judge rules against the defense motion and sets a new trial date.